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debtman2007

GeorgeUK wrote: »

It is usually advised to inform TS, OFT and ICO that you have not been given a copy of your credit agreement (if you made the £1 payment) as required under the Consumer Credit Act 1974. This is so that the debt, although unenforcable now, does not resurface later and you have proof that the debt was unenforcable. If there is a default on your credit file, then they are also in breach of the Data Protection Act as they did not have your permission to share your details with a 3rd party.

I don't know of any standard letters for writing to these organisations, but will have a look to see if there are any posted.

I sent a CCA request to 1st direct. They have used my £1 as a payment off my balance but have not sent me a CCA. is that normal??

GeorgeUK

This is only normal if they are either dense or trying to pull a fast one.

Some DCA's will try to claim that as you have made a payment towards the debt, then the countdown for the debt to be statute barred is reset. This is total poop. I'll try to see if there is a letter for dealing with this.

debtman2007

the letter template i used specifically detailed that the postal order was for the CCA

debtman2007

GeorgeUK wrote: »

This is only normal if they are either dense or trying to pull a fast one.

Some DCA's will try to claim that as you have made a payment towards the debt, then the countdown for the debt to be statute barred is reset. This is total poop. I'll try to see if there is a letter for dealing with this.

any luck with that letter??

i have sent another CCA request for my 2nd account with them and i'm sure they will do the same with the postal order.

GeorgeUK

At last - couldn't find anyhting last night or this morning. Just references to others that had the same problem. Some just waited to send the 12+2 day letter as they have obviously received the request.

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

On _____ I sent you a request under the Consumer Credit Act 1974 for a copy of the agreement relating to this alleged account. With that letter I enclosed £1 which is the fee amount laid down by parliament for the provision of a copy of an agreement. I enclose a further copy of that letter for your information.

You stated that you have used this £1 "towards the balance" of this alleged account. I reiterate that I do not acknowledge any debt to your company and this £1 fee is for provision of a copy of the alleged agreement only.

Please note I will enter no further discussions regarding this matter by telephone, and request that all future contact is in writing only.

Yours faithfully

(Taken from a post by spiritgirl59 on consumeractiongroup)

Just to double check - what was this debt for? If it was an overdraft, requesting a CCA will not work.

debtman2007

GeorgeUK wrote: »

At last - couldn't find anyhting last night or this morning. Just references to others that had the same problem. Some just waited to send the 12+2 day letter as they have obviously received the request.


(Taken from a post by spiritgirl59 on consumeractiongroup)

Just to double check - what was this debt for? If it was an overdraft, requesting a CCA will not work.

thanks for that. both debts are for credit cards and are now held by 1st Credit.

debtman2007

GeorgeUK wrote: »

At last - couldn't find anyhting last night or this morning. Just references to others that had the same problem. Some just waited to send the 12+2 day letter as they have obviously received the request.


(Taken from a post by spiritgirl59 on consumeractiongroup)

Just to double check - what was this debt for? If it was an overdraft, requesting a CCA will not work.

I have also sent the 12+2 day letter.